November 22, 1996
VIA UPS OVERNIGHT
James P. Hoffa
November 22, 1996
Page 1
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Ron Carey Campaign
c/o Nathaniel Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Philip M. DePietro, President
Teamsters Local Union 773
1345 Hamilton Street
Allentown, PA 18102
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman, P.C.
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
James P. Hoffa
November 22, 1996
Page 1
Re: Election Office Case No. P-1255-LU243-MGN
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by
James P. Hoffa, a member of Local Union 614, and a candidate for general president. Mr. Hoffa alleges that Local Union 773 used its mailing permit to send campaign literature to local union members at the request of the Ron Carey No Corruption-No Dues Increase Slate (“Carey slate”) without providing notice to the Jim Hoffa-No Dues Increase-25 & Out Slate (“Hoffa slate”) that such facilities were available. Mr. Hoffa further alleges that the campaign material itself, which is headlined, “Your Officers and Agents of Local 773 are supporting the RON CAREY TEAM!” suggests a prohibited union endorsement of the Carey campaign.
Local Union 773 President Philip DePiedro admits that the local union’s permit meter was utilized to mail the Carey campaign material. He states, however, that the mailing was done in response to a request from John P. Morris, a candidate for International vice president on the Carey slate, and that the mailing was sent only to local union stewards. Mr. DePietro also states that the mailing was paid for personally by officers and agents of Local Union 773. He states that the same right is available on the same terms to other candidates.
James P. Hoffa
November 22, 1996
Page 1
This protest was investigated by Regional Coordinator Peter V. Marks, Sr.
The facts are not in dispute. Local Union 773 Secretary-Treasurer Patricia Franks sent out a campaign mailing using its bulk-rate permit, pursuant to Mr. Morris’ request. The campaign material itself is headlined, “Your Officers and Agents of Local 773 are supporting the RON CAREY TEAM!”
Article VIII, Section 7(a)(1) of the Rules states that each candidate “shall be permitted a reasonable opportunity, equal to that of any other candidate, to have his/her literature distributed by the Union, at the candidate’s expense.” Thus, the Rules provide that local unions must distribute candidates’ literature if a candidate so requests. Article VIII,
Section 7(c) specifies that candidates who do so “shall pay, on a reasonable basis, for the actual cost of distribution, including . . . time required to do the work and postage for mailing.” Section 7(g) “strongly recommend[s]” that the union “adopt procedures for complying with candidates’ requests for distribution of literature and that it advise all candidates of those procedures.” (Emphasis added).
During the 1991 International officer election campaign, the Election Officer found that the analogous provisions on candidate literature and mailings in the 1991 Election Rules applied in a protest involving the use of a local union’s non-profit, bulk-rate permit for a campaign mailing by an International officer slate. See Wilson, P-1097-LU579-NCE (November 20, 1991).
Local Union 773 did not violate the Rules by failing to notify opposing candidates and slates that its postage meter was available for campaign use. Article VIII, Section 7(a)(1)(b) requires a local union to make a similar distribution on behalf of a candidate “if requested.” The Rules themselves afford “equal access” for this opportunity.
Article VIII, Section 11(b) of the Rules specifically allows that “[a]n endorsement of a candidate may be made by a Union officer or employee, but solely in his/her individual capacity.” The provision also states, however, that “[T]he Union or a Local Union as such . . . may not endorse or otherwise advance a candidacy, even if all members agree on the endorsement or candidacy.” Thus, the Election Officer has consistently prohibited a local union, or the executive board of a local union, as entities, from endorsing a candidate or slate of candidates. See Gebow, P-963-LU677-ENG (October 14, 1991), aff’d as modified, 91 - Elec. App. - 212 (SA) (October 28, 1991); Custer, P-1098-LU673-CHI (November 18, 1991).
The Election Officer finds that the legend, “Your Officers and Agents in Local 773” in the flyer’s headline, and “Officers and Agents” in the flyer’s small print, do not violate the Rules. In Schauer, P-1251-LU421-MOI (November 19, 1996), the Election Officer found that the legend, “Paid for by Local 421 Members and Members of the Executive Board in favor of the re-election of Ron Carey” constituted an anonymous endorsement by “some members of the Local Union 421 Executive Board” in their individual capacities. The Election Officer rejected the contention that the legend claimed endorsement by all Executive Board members. Here, the
James P. Hoffa
November 22, 1996
Page 1
reference to officers and agents of Local Union 773 does not constitute a prohibited endorsement under the Rules.
For the foregoing reasons, the protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one day of receipt of this letter. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Officer in any such appeal. Requests for a hearing shall be made in writing and shall be served on:
Kenneth Conboy, Esq.
Latham & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 N. Capitol Street, Suite 855, Washington, DC 20001, Facsimile
(202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Peter V. Marks, Sr., Regional Coordinator